Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Maximum Commerce.

The terms “we,” “us,” and “our” refer to Maximum Commerce LLC (“Maximum Commerce”). Maximum Commerce operates this store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated shopping experience (the “Services”).

Maximum Commerce is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (“Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They include important information regarding your legal rights, warranty disclaimers, limitations of liability, purchases, returns, shipping, and use of the Services.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the consent of a parent or legal guardian where required.

To use certain features of the Services or make a purchase, you may be asked to provide information such as your email address, billing information, payment information, and shipping address.

You represent that all information you provide is accurate, current, and complete and that you have the right to provide such information.

You are responsible for maintaining the confidentiality and security of any account credentials associated with the Services and for activity conducted through your account.

You may not transfer, sell, assign, or license your customer account to another person without our consent.

SECTION 2 – OUR PRODUCTS

Maximum Commerce primarily offers curated new, pre-owned, vintage, and one-of-a-kind merchandise.

We make reasonable efforts to describe and photograph our products accurately, including their condition, measurements, materials, features, and any notable flaws observed.

Because many items are pre-owned or vintage, minor signs of age or prior use may be present even when an item is described as being in excellent condition.

Product colors and appearance may vary slightly depending on lighting, photography, display settings, device type, and screen configuration.

Measurements are approximate and are provided as a helpful reference. Customers are encouraged to review all descriptions, measurements, photographs, and condition information before purchasing.

We reserve the right to correct product information, discontinue products, or limit quantities at any time.

Because much of our inventory consists of unique or one-of-a-kind merchandise, availability is not guaranteed until an order has been successfully accepted and processed.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase the selected merchandise.

Maximum Commerce reserves the right to accept, decline, cancel, or limit an order where reasonably necessary, including in cases involving suspected fraud, payment issues, inventory errors, listing errors, pricing errors, or other circumstances that prevent fulfillment.

Your order is not considered final until payment has been successfully processed and the order has been accepted.

Please review your order carefully before submitting it.

Eligible orders may be canceled within one (1) hour of purchase, provided the order has not already been fulfilled or shipped.

After the cancellation period has passed, eligible purchases are subject to our Return and Refund Policy.

If we cancel or materially modify an order, we will make reasonable efforts to notify you using the contact information provided at checkout.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice.

The price charged for an item will generally be the price displayed at the time the order is placed, subject to correction of obvious pricing or technical errors.

Unless otherwise stated, listed product prices do not include shipping charges, applicable taxes, customs duties, import taxes, brokerage fees, or similar charges.

Shipping charges and applicable taxes are displayed during checkout when available.

International customers may be responsible for duties, import taxes, VAT, customs charges, brokerage fees, or other fees imposed by the destination country or carrier.

You agree to provide accurate and complete billing and payment information.

You represent that you are authorized to use the payment method submitted with your order and authorize us and our payment processors to charge the applicable purchase amount, shipping charges, and taxes.

SECTION 5 – SHIPPING AND DELIVERY

Orders are shipped using the shipping services available and selected at checkout.

Domestic and international shipping options, pricing, and estimated delivery times may vary depending on the destination, package weight, package dimensions, and carrier availability.

All delivery dates and transit times shown at checkout are estimates unless expressly stated otherwise by the carrier.

Maximum Commerce is not responsible for delays caused by carriers, customs processing, weather, transportation disruptions, incorrect customer-provided addresses, or other circumstances outside our reasonable control.

Tracking information will be provided when available.

Customers are responsible for providing a complete and accurate shipping address.

If a shipment appears lost or arrives damaged, please contact Maximum Commerce promptly so that we can review the available tracking information and assist with the appropriate carrier process.

Nothing in this section limits any rights you may have under applicable consumer protection law.

SECTION 6 – RETURNS, REFUNDS, AND CANCELLATIONS

Eligible returns may be requested within fourteen (14) calendar days following delivery of the item.

Returned merchandise must be in the same condition in which it was received and must not show additional wear, damage, washing, alteration, or odors. Any original tags, accessories, or items included with the purchase should also be returned.

For standard returns, including returns due to fit, sizing, preference, or change of mind, the customer is responsible for return shipping costs.

Original shipping charges are non-refundable unless otherwise required by law or the return results from an error by Maximum Commerce.

If an incorrect item was sent or an item is materially different from its listing, please contact Maximum Commerce so the issue can be reviewed. If a return is approved because of seller error, Maximum Commerce will cover the appropriate return shipping cost.

Refunds are issued after returned merchandise is received and inspected. Approved refunds are returned to the original payment method. Processing times may vary depending on the customer’s payment provider or financial institution.

Orders may be canceled within one (1) hour of purchase if they have not already been fulfilled or shipped.

Items specifically identified as Final Sale are not eligible for return except where required by applicable law.

Customers located in jurisdictions that provide additional statutory return, cancellation, withdrawal, or refund rights retain those rights notwithstanding this policy.

Please refer to our Return and Refund Policy for additional details.

SECTION 7 – INTELLECTUAL PROPERTY

The Services, including their text, graphics, photographs, logos, branding, designs, layouts, videos, audio, and other original content, are owned by or licensed to Maximum Commerce and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes.

You may not reproduce, distribute, modify, republish, download, display, transmit, or create derivative works from our original website content without prior written permission, except as permitted by law.

Maximum Commerce names, logos, designs, and branding may not be used without authorization.

Shopify’s name, logos, product names, and related marks belong to Shopify.

Third-party brand names, trademarks, logos, and product names appearing in product listings remain the property of their respective owners. Their appearance does not imply affiliation with, sponsorship by, or endorsement of Maximum Commerce unless expressly stated.

SECTION 8 – OPTIONAL TOOLS

We may provide access to tools, features, or services made available by third parties.

Such third-party tools may be provided “as is” and “as available” and may be governed by separate terms and policies.

Your use of optional third-party tools is at your discretion and may be subject to the terms of the applicable provider.

We may add or remove tools, features, or resources from the Services from time to time.

SECTION 9 – THIRD-PARTY LINKS

The Services may contain links to websites or services operated by third parties.

We are not responsible for the content, accuracy, availability, privacy practices, terms, products, or services of third-party websites.

If you access a third-party website or service, you do so subject to that third party’s applicable terms and policies.

Questions or concerns regarding third-party products or services should generally be directed to the applicable third party.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Maximum Commerce is powered by Shopify, which enables us to provide the Services.

Unless otherwise expressly disclosed at checkout, purchases made through our store are transactions between you and Maximum Commerce.

Shopify provides technology and related services that support operation of the store but is not the seller of merchandise offered directly by Maximum Commerce.

To the fullest extent permitted by applicable law, Shopify and its affiliates are not responsible for claims arising solely from merchandise sold directly by Maximum Commerce.

SECTION 11 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide and improve its platform and related services.

Information may also be shared with payment processors, carriers, service providers, technology providers, and other third parties where reasonably necessary to process transactions, fulfill orders, provide customer service, prevent fraud, or operate the Services.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, disclosed, and protected.

SECTION 12 – FEEDBACK AND REVIEWS

If you voluntarily submit feedback, reviews, photographs, suggestions, ideas, or other content regarding Maximum Commerce or products purchased through the Services (“Feedback”), you grant Maximum Commerce a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, and distribute that Feedback for legitimate business and promotional purposes, subject to applicable law.

You represent that you have the necessary rights to submit any Feedback you provide and that your submission does not violate the rights of another person.

We reserve the right to moderate or remove Feedback where reasonably necessary, including content that is unlawful, fraudulent, abusive, defamatory, obscene, infringing, or unrelated to the applicable product or service.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information appearing through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, inventory, availability, or other information.

We reserve the right to correct such errors, update information, or cancel an affected order where reasonably necessary.

If an order is canceled because of a pricing, inventory, or listing error after payment has been collected, the applicable amount will be refunded.

SECTION 14 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

(a) violate applicable laws or regulations;

(b) infringe intellectual property, privacy, publicity, or other legal rights;

(c) transmit malicious software or harmful code;

(d) engage in fraud, phishing, impersonation, harassment, abuse, or deceptive conduct;

(e) interfere with the security or proper operation of the Services;

(f) attempt to gain unauthorized access to systems, customer accounts, data, or restricted portions of the Services;

(g) collect or misuse personal information belonging to others; or

(h) engage in automated activity intended to circumvent security measures, access restrictions, purchase limits, or other safeguards.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been violated.

SECTION 15 – AUTOMATED AGENTS

Automated or semi-automated software agents accessing the Services must comply with applicable technical restrictions, security requirements, robots directives, and other access-control measures.

Automated systems may not misrepresent themselves as human users, circumvent CAPTCHA or similar protections, bypass access restrictions, or interfere with security controls.

We reserve the right to limit or block automated access that creates security risks, excessive traffic, unauthorized data collection, purchase manipulation, or other disruption to the Services.

SECTION 16 – TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including in response to fraud, abuse, unlawful activity, security threats, or material violations of these Terms.

Termination does not eliminate payment obligations or other responsibilities that arose before termination.

Provisions that by their nature should survive termination, including provisions relating to intellectual property, liability, indemnification, dispute resolution, and privacy, will remain effective.

SECTION 17 – DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES, GUARANTEES, OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAXIMUM COMMERCE AND ITS AFFILIATES, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO USE OF THE SERVICES.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

SECTION 19 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Maximum Commerce and its affiliates, employees, contractors, licensors, and service providers from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful use of the Services, material breach of these Terms, or violation of another person’s legal rights.

This provision does not apply where prohibited by applicable consumer law.

SECTION 20 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

SECTION 21 – WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with any policies incorporated by reference, constitute the agreement governing your use of the Services and supersede prior communications relating to the same subject matter.

SECTION 22 – ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent where such consent may lawfully be required.

Maximum Commerce may assign or transfer its rights and obligations as part of a merger, acquisition, reorganization, sale of assets, or similar business transaction, subject to applicable law.

SECTION 23 – GOVERNING LAW

These Terms and any dispute relating to the Services will be governed by applicable federal law and the laws applicable to Maximum Commerce LLC, without limiting any mandatory consumer protections that apply based on the customer’s place of residence.

Nothing in these Terms deprives a customer of rights or remedies that cannot lawfully be waived under applicable consumer protection law.

SECTION 24 – HEADINGS

Section headings are provided for convenience only and do not limit or alter the meaning of these Terms.

SECTION 25 – CHANGES TO THESE TERMS

We may update these Terms from time to time.

The current version will be posted through the Services.

Where required by applicable law, we will provide notice of material changes.

Continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by law.

SECTION 26 – CONTACT INFORMATION

Questions regarding these Terms may be sent to:

Maximum Commerce LLC

Email: info@maxcommerce.org

Business address: 545 Mananai Pl, Ste D, Honolulu, HI 96818

Customer service phone: (601) 601-8939 

Additional registration or tax information will be provided where required by applicable law.